Chaplaincy ruling forces bid for urgent legislation

By Phillip Coorey, Dan Harrison

June 26, 2012 — 3.00am

THE federal government has asked the Parliament to pass urgent legislation this week after identifying several hundred funding programs put at risk by last week's High Court decision which invalidated the school chaplains program.

Following an emergency cabinet meeting yesterday morning, the government briefed the opposition, Greens and independents seeking their support for the legislation which will revalidate the chaplains program and render immune from legal challenge all other programs which involve direct Commonwealth funding that bypasses the states.

"I would hope that there isn't opposition from the Liberal Party" ... Attorney-General Nicola Roxon.Credit:Andrew Meares

The affected programs are worth billions, constituting up to 10 per cent of total Commonwealth funding. They include overseas aid, supplementary payments to veterans, arts, health, sport and education grants, industry development schemes, drought assistance and infrastructure projects.

It is understood elements of the carbon price package which begins on July 1 may be at risk.

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The opposition said it supported revalidating the chaplains program but wanted to see the legislation and the detail of the other programs that were to be guaranteed before making a decision on whether to pass the bill.

However, the legislation will be tied together, meaning if the Coalition wants to reinstate the school chaplains program, as it said it does, then it must support the whole package. If it resists, or tries to split the legislation to cleave out programs it opposes, the government is confident it can pass the bills through both houses with the support of the Greens and independents.

The Attorney-General, Nicola Roxon, said following legal advice, the government decided to be ''conservative'' and legislate for everything, even though all may not be necessary.

Parliament rises for a six-week winter break this week and the legislation will also give the government the power to regulate should a program emerge over the winter that was inadvertently omitted from the legislation.

She said the opposition should support the legislation, given it went to the basic ability to govern and distribute funds and this was in the interest of both major parties, especially.

''I would hope that there isn't opposition from the Liberal Party,'' Ms Roxon said.

''Governments on both sides have long relied on a broad view of the Commonwealth's executive authority to spend Commonwealth funds.''

The High Court created potential chaos last week when it ruled in favour of Queensland father of six, Ron Williams, who complained that the chaplain scheme violated a section of the constitution which forbade a ''religious test'' for an office under the Commonwealth.

The court rejected this unanimously but a 6-1 majority upheld his argument that the program was constitutionally invalid because it exceeded Commonwealth funding powers.

The Howard government introduced the school chaplains scheme in 2007, offering schools up to $20,000 a year to introduce or extend chaplaincy services.

More than 3500 schools receive funding under the scheme.

Ms Roxon and the School Education Minister, Peter Garrett, said the legislation needed to pass both houses before the end of the week to ensure funding for the program can continue.